Allowed

Edward Francis v. The State of Telangana

Telangana HC28 Mar 2022CRLP/1879/2022

Case brief

AI extract

What is this about?

Single accused sought anticipatory bail for alleged offences under POCSO and IPC 354 involving a minor. Court granted bail, noted compromise, and directed police to follow Section 41-A Cr.P.C and Arnesh Kumar guidelines without custodial interrogation.

What did the court decide?

Anticipatory bail granted; police directed to follow Section 41-A Cr.P.C and Arnesh Kumar guidelines; accused to surrender.

Edward Francis Vs The State of Telangana — Child Sexual Offences (POCSO) | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO !,

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIIMINAL PETITIO NO: 1879 OF 2022

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Between:

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Edward Francis, S/o. S.B. Francis, aged about 36 years, Occ Business, R/o. 3-6-290, Flat No. 503, Aziz Towers, Hyderguda, Himayath Nagar, Hyderabad.

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..,PETITIONER/ACCUSED

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad, T.S.

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...RESPONDENT/COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Cou( may be pleased to grant Anticipatory Bail to the Petitioner / Accused thereby directing the Police Rajendranagar, Cyberabad Commissioner ate, to enlarge the Petitioner on bail, in the event of his arrest in Crime No. 1845 of 2020 on the file of Rajendranagar Police Station, Cyberabad Commissionerate in the interest of^justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri [/. A. MUJEEB Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.

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The Court made the following: ORDER

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Crl.Petition No.1879 of 2022

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL P ETITION NO. 18 oF 2022

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ORDER:

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This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure, t973^(for short^"Cr.P.C.') seeking^pre-arrest bail to the^{petitioner/Accused} in the event of his arrest in connection with Crime No.1B45 of 2020 of Rajendranagar Police Station, Cyberabad registered for the offences^punishable under Sections 354 of Indian Penal Code, 1860^(I.P.C.) and Sections 7 and 8 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act)

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Heard the learned counsel for the^petitioner, learned Asslstant Public Prosecutor and perused the record.

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The petitioner is the sole accused in the aforementioned crime, which was registered on 05.11.2020 for the alleged occurrence on 29.10.2020. It is alleged in the complaint that the petitioner was maintaining living relationship with the aunt of the de facto complainant. In the intervening night of 28129.10.2020, the petitioner allegedly came and slept in between the de facto complainant and her slster who was aged 16 years at that time.

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crl.Petition No.1879 of 2022

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The learned counsel for the^{petitioner submitsthat the} petitioner was regularly attending the police station as and when they called and that the^parties have entered^{intocompromise.}

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The^petitioner attending the^{police station is not disputedby} the learned Asslstant Public Prosecutor.

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In the facts and circumstances^{of the present case, custodial} interrogation may not be required and the^{punishment prescribedfor} the offences alleged against^petitioner is upto^{sevenyears, the} respondent-Police are directed to follow the^procedureas contemplated under Section 41-A Cr.P.C and^{the guidelines} formulated by the Hon'ble Supreme Court in^{Arnesh Kumar v.} State of Bihalscrupulously. It is^{needless to say,any deviationin} this regard will be viewed seriously.

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications^pending, if any, in^{this criminal}

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petition, shall stand closeel---

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closeel--^/ SD/.K.AMMAJI ASSISTANT^REGISTRAR //TRUE^COPY// sEcrlotf6FtrlcER

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To i I f nu^{XtV Additional tvletropolitanMagistrate'Cyberabad at Raiendranagar} i: +ii; 3A;;^{Houseomcei,"ii"noiu'nig"Folice Station' cvberabad'} Ranga^{Reddy Oistrict'}

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3.TwoCCstoPublicProsecutor,HighcourtatHyderabadfortheStateof Telanoana^(OUT) + o".!'iUiJ AEi^{il. n. N.ruJeee, AdvocateIoPUC]} 5. Two CD^Copies 6. One Spare^CoPY MMA+D

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HIGH COURT

DATED:28l0312022

ORDER

CRLP.No.1879 of 2022